Cerebral palsy (CP) is more than just a medical term; for many families, it’s a reality that brings a whirlwind of emotions and numerous questions. Amid these challenges, one thing becomes abundantly clear, you need to work with an experienced cerebral palsy lawyer in Philadelphia.
Birth Injury Lawyers Group is dedicated to assisting families like yours, ensuring you receive the compensation you rightfully deserve. Over the years, we have recovered over $750 million for families. Our Pennsylvania cerebral palsy lawyer will help you build a safer future for your child. Call today to schedule a free consultation.
How Can a Philadelphia Cerebral Palsy Lawyer Help?
Navigating the world of cerebral palsy often intertwines with legal issues, especially when potential medical negligence is involved. Why should you consider hiring a cerebral palsy lawyer from our team?
Our attorneys will identify if and when medical oversights occurred and can guide families in seeking rightful compensation. From handling paperwork to representing families in court, our attorneys shoulder the legal burdens, letting families focus on care and healing.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Understanding Cerebral Palsy
Cerebral palsy encompasses a range of disorders that primarily affect a person’s ability to move and maintain balance. It’s not just about motor functions; CP often impacts the very fabric of a child’s life, coloring their early years and shaping their future. To understand and identify cerebral palsy in its early stages, it’s vital to be aware of its warning signs.
These cerebral palsy symptoms serve as indicators that a child might be grappling with the challenges of CP:
- A noticeable ‘floppiness’ when lifting the child.
- Manifestation of muscle spasms or unusual stiffness.
- Apparent lack of muscle control, slow reflexes, or an inability to maintain regular posture.
- Difficulty in holding up their head, especially when lying on their stomach or seated.
- Missing developmental milestones, for instance, not walking by 18 months or not forming sentences by 24 months.
- Challenges in feeding, characterized by a lack of swallowing efficiency.
- A pronounced tendency to favor one side of their body over the other.
- Delays in achieving fine motor skills, evident in tasks such as self-feeding or picking up objects.
- Trouble in vision, hearing, or speech, which can sometimes be mistaken for other developmental delays.
- Experiencing seizures, which need immediate medical attention.
While the presence of one or a few of these signs doesn’t conclusively point to cerebral palsy, they should not be ignored. Early detection and intervention can significantly impact the quality of life and available treatment options.
Causes of Cerebral Palsy
CP doesn’t arise without a cause. Certain events can lead to this condition. Particularly, complications during the birthing process are a major contributor to the development of cerebral palsy.
Some of the most common causes of cerebral palsy include:
- Lack of oxygen during birth
- Severe jaundice
- Infections during pregnancy
- Traumatic brain injuries during birth or in the first few years of life
While some of these causes are natural, others might result from medical oversights or negligence. This distinction is essential, especially when considering legal action. Birth Injury Lawyers Group will investigate the true cause of your child’s CP.
When preventable medical mistakes cause cerebral palsy, it may constitute medical malpractice. Families affected by cerebral palsy due to negligence have grounds to pursue legal action to get compensation for the lifelong care their child will require.
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Medical Negligence Can Cause Cerebral Palsy
Cerebral palsy (CP) is a condition that affects movement, muscle tone, and posture. While several factors can contribute to its development, medical negligence plays a significant role in some instances. Proper medical care during pregnancy and childbirth is crucial, and mistakes or omissions made during these times can lead to a child being diagnosed with CP.
Factors related to medical negligence include:
- Delayed or improper response to fetal distress
- Failure to order a timely cesarean section when necessary
- Mistakes during the use of delivery instruments, such as forceps or vacuum extractors
- Lack of proper care in handling newborns with jaundice or infections
When such negligence occurs, it is not only a breach of professional duty but also a tragic event that impacts the life of a child and their family. It’s essential to recognize that, in many cases, the actions or attentiveness of a medical professional could have prevented the development of CP.
How to Prove Negligence
Demonstrating negligence is essential to hold medical professionals or institutions accountable for their actions. It establishes that the standard of care was not met, leading to the child’s condition.
To prove negligence, your cerebral palsy attorney in Philadelphia will focus on the following key aspects:
- Duty of care: Establish that the healthcare provider owed a duty of care to the patient (mother and child). This means that the provider was responsible for delivering care that meets the accepted medical standards during pregnancy, labor, and delivery.
- Breach of duty of care: Demonstrate that the healthcare provider failed to meet the accepted standard of care. This could involve errors such as misdiagnosis or failure to respond to complications during delivery.
- Causation: Prove that the breach of duty directly caused the child’s cerebral palsy. This involves linking the medical provider’s actions (or lack thereof) to the injury. Medical expert testimony is often required to establish this connection.
- Damages: Quantify the harm or losses suffered as a result of the negligence. This includes current and future medical expenses, pain and suffering, and the cost of ongoing care.
Acknowledging the harm done due to the healthcare provider’s failure to adhere to the expected standards of care provides a sense of justice for your family. Our Philadelphia cerebral palsy attorneys will build an evidence-based case on your behalf to show how negligence caused your child’s condition.
"We know first-hand what you are going through."
Who Is at Fault for Causing Cerebral Palsy in a Newborn?
Determining who is legally responsible for the child’s condition ensures that the right individuals or institutions are held accountable for their actions or inactions. However, this can be a difficult task without the help of an experienced Philadelphia cerebral palsy lawyer.
Any of the following parties could be at fault in a cerebral palsy case:
- Obstetricians
- Nurses
- Midwives
- Anesthesiologists
- Pediatricians
- Hospital staff
- Hospital administrators
- Medical institutions
- Prenatal care providers
- Neonatologists
As your cerebral palsy lawyers, we will investigate the details of your case and identify all liable parties. Using the available evidence, we will show who committed negligence and how they committed negligence to help your family get the financial compensation needed for a better life.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
Available Compensation for Affected Families
With a cerebral palsy diagnosis comes a slew of challenges and expenses. Legal compensation can provide families with the resources they need. But what can families seek compensation for?
Available damages in a cerebral palsy case:
- Past and future medical bills
- Rehabilitation and therapy costs
- Equipment necessary for mobility or communication
- Pain, suffering, and emotional distress
It’s not about placing a monetary value on the ordeal. It’s about equipping families with the financial means to address challenges head-on and ensure the best care for their loved ones.
Pennsylvania Statute of Limitations for Birth Injuries
Legal processes have designated timeframes, especially when it comes to initiating action. In Pennsylvania, for cerebral palsy and other related birth injuries, the statute of limitations extends to two years after the child’s 18th birthday.
This means that families have until the child turns 20 to initiate legal proceedings. While this may seem like a long time, the complexities of life and the challenges of managing care can make these years pass quickly. It’s crucial for families to be aware of this timeframe and consider their legal options well in advance.
Contact a Philadelphia Cerebral Palsy Attorney Today
Cerebral palsy is a lifelong journey. Along this journey, families often encounter crossroads where decisions need to be made, not only medically but legally. As challenges mount, the need for informed and timely action becomes more pressing.
Birth Injury Lawyers Group stands ready to support, guide, and represent. With dedication, compassion, and legal insight, we’re here to help families seek justice and compensation. If cerebral palsy has touched your life, don’t face the legal maze alone. Contact us today for a free consultation.
"We are committed to helping families who have suffered medical negligence."